Pro-generic Group Seeks Legislation to Curb Brand Abuses

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A group of healthcare stakeholders is urging the Senate Special Committee on Aging to take up legislation to curb the increasing use of restricted access programs by brand drug makers to block generic entry into the market. In a recent letter to committee leaders, the stakeholders complain that some brand companies have used FDA-mandated Risk Evaluation and Mitigation Strategies (REMS) restricted-distribution programs to deny manufacturers of generics and biosimilars access to product samples they need to obtain agency approval.



The stakeholders recommend a House of Representatives bill called the Fair Access for Safe and Timely (FAST) Generics Act (H.R. 2841) as model legislation for the Senate to consider. “The bill would establish clear processes that would facilitate the provision of product  samples to generic manufacturers and prevent companies from denying the implementation of shared REMS programs,” according to the letter. “The bill also defines certain anticompetitive practices with respect to restricted access programs, thus closing the existing loophole around current REMS prohibitions.”

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